HomeMy WebLinkAboutPOUDRE SCHOOL DISTRICT & TIMBERS P.U.D. - ANNEXATION & ZONING - 5-02A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT"C"
ATTORNEY CERTIFICATION
I CT 2�• 9c' /V. 4� , an attorney licensed to practice in the State of Colorado,
hereby certify that as of the date of this certification the signers of this Annexation Petition for the area
referred to as the Poudre School District & Timbers P.U.D. Annexation to the City of Fort Collins are the
owners of real property in the area proposed for annexation. Furthermore, I certify that said owners
constitute more than 50% of the landowners in the area proposed for annexation, as said area is described
on Attachment "A" of said Annexation Petition, and own more than 50% of the land in said area, exclusive of
streets and alleys.
o�
Date
Attorney Reg. No.
ATTACI vIENT "B"
STATE OF COLORADO )
)ss.
COUNTY OF LARINIER . )
The undersigned, bei$ first
upon his oath states:
That he was the firculator of the attached Petition for Annexation and that each
signature therein is the signature of the person whose name it purports to be.
Subscribed and sworn to before me this -- dayof �+99 b
Y
WITNESS my hand and official seal.
q,�r�Mmtssien Exghas June 27, 2�4
Commission Expiration
NotaryP4ic
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
PROPERTY DESCRIPTION
Poudre School District & Timbers P.U.D. Annexation
Tract A and Tract B, Poudre School District and Paragon Point Partners, LTD, as described in Latimer County
Records under Reception No. 2000054081, dated August 8, 2000, Northwest Quarter (NW 1/4) of Section Eight (8)
and a parcel of land being a part of the East Half (E1/2) of Section Seven (7), all located in Township Six North
(T.6N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6thP.M.), County of Latimer, State of
Colorado and being more particularly described as follows:
BEGINNING at the West Quarter Comer of said Section 8 and assuming the West line of said NW 1/4 as bearing
North 00°17'41" West with all other bearings contained herein relative thereto:
THENCE South 89°3 P ] 0" West a distance of 30.00 feet to the West Right -of -Way (ROW) of Timberline Road;
THENCE North 00017'41" West along said West ROW a distance of 771.54 feet to a point on the North line
extended of said Poudre School District and Paragon Point Partners, LTD;
THENCE along said Poudre School District and Paragon Point Partners, LTD the following seventeen courses and
distances:
THENCE North 89°26'32" East a distance of 937.63 feet;
THENCE South 48° 19'44" East a distance of 87.78 feet;
THENCE South 52°15'28" East a distance of 175.25 feet;
THENCE South 54'32'03" East a distance of 421.57 feet;
THENCE North 83° 1 P59" East a distance of 342.51 feet;
THENCE South 86°46'58" East a distance of 22.03 feet;
THENCE North 80°46'24" East a distance of 64.75 feet;
THENCE North 71°58'20" East a distance of 130.60 feet;
THENCE North 79056'09" East a distance of 109.19 feet;
THENCE North 89010'44" East a distance of 199.15 feet;
THENCE South 83° 18'26" East a distance of 33.47 feet;
THENCE North 83°03'41" East a distance of 107.33 feet;
THENCE South 76008'43" East a distance of 149.06 feet;
THENCE South 69°06'31" East a distance of 40.60 feet;
THENCE South 75°43'39" East a distance of 45.41 feet to the East line of said NW I/4;
THENCE South 00°26'36" West along said East line a distance of 407.53 feet to the Center Quarter Comer of said
Section 8;
THENCE South 899I' l0" West along said South line a distance of 2671.35 feet to the POINT OF BEGINNING.
Said parcel contains 35.532 acres more or less (±)
SURVEYOR'S CERTIFICATE
I, Lawrence S. Pepek, a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and EG hat it is true and correct to the best of
my knowledge and belief. .' /ST
..P CE S.
3 2
Lawrence S. Pepek S J pril 5, 2002
Colorado Register essional
Land Surveyor # /O�AI LANO�
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970)686-5011JN:2001379
FILE: 2001379\2001379annex legal.doc
❑ (Check box if applicable). The Petitioners reserve the right to withdraw this petition and their
signatures therefrom at any time prior to the commencement of the roll call of the City Council for the vote
upon the second reading of the annexation ordinance.
Individual Petitioners signing this Petition represent that they own the portion(s) of the area
described on Attachment "A" as more particularly described below:
A tract of land situate in the County of Larimer, State of Colorado, to -wit:
"See Legal Description on Attachment W."
IN WITNESS WHEROF, I/we have executed this Petition for Annexation
April ,
by: James M. Sarchet, Assistant Superintendent
of Business Services/Chief Financial Officer
Paragon Point Partners, LLLP
By: Byron R. Collins, Manager
2407 West Laporte Avenue 1 Old Town Square 301
Address Address
day of
Ft. Collins CO 8024 Ft. Collins. CO 80521
City State Zip City State Zip
PETITION FOR ANNEXATION
THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the
City of Fort Collins, Colorado for the annexation of an are, to be referred to as the Poudre School District &
Timbers P.U.D. Annexation to the City of Fort Collins. Said area, consisting of approximately Thirty-five
and 532/1000 35.532 acres, is more particularly described on Attachment "A," attached hereto.
The Petitioners allege:
1. That it is desirable and necessary that such area be annexed to the City of Fort Collins.
2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met.
3. That not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is
contiguous with the boundaries of the City of Fort Collins.
4. That a community of interest exists between the area proposed to be annexed and the City of
Fort Collins.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being integrated with
the City of Fort Collins.
7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the
area and own more than fifty percent (50%) of the area to be annexed, excluding public
streets, alleys and lands owned by the City of Fort Collins.
8. That the City of Fort Collins shall not be required to assume any obligations respecting the
construction of water mains, sewer lines, gas mains, electric service lines, streets or any other
services or utilities in connection with the property proposed to be annexed except as may be
provided by the ordinance of the City of Fort Collins.
Further, as an express condition of annexation, Petitioners consent to the inclusion into the
Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant to 037- 45-
136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners'
property will be subject to the same mill levies and special assessments as are levied or will be levied on
other similarly situated property in the Subdistrict at the time of inclusion of Petitioners' lands. Petitioners
agree to waive any right to an election which may exist pursuant to Article X, 1120 of the Colorado
Constitution before the Subdistrict can impose such mill levies and special assessments as it has the
authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund
pursuant to Article X, 020 of the Colorado Constitution.
WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the
annexation of the area described on Attachment "A." Furthermore, the Petitioners request that said area be
placed in the LMN Zone District pursuant to the Land Use Code of the City of Fort Collins.
Lighting and landscaping will be designed to promote security and comfortable area -wide
visibility.
PRINCIPLE ECON-1: The City will pursue a balanced and sustainable economic
development program.
Policy ECON-1.4 Jobs/Housing Balance
The type of housing that will be located on the Timbers site will have options for different levels
of income.
PRINCIPLE HSG —1: A variety of housing types and densities will be available
throughout the urban area for all income levels.
Policy HSG-1.1 Land Use Patterns
Policy HSG-1.2 Housing Supply
Policy HSG-1.4 Land for Residential Development
The Timbers development and the Poudre R-1 Elementary school are adding additional housing
and schooling opportunities for residents in southern Fort Collins.
PRINCIPLE AN-4: Design policies for residential buildings are intended to emphasize
creativity, diversity, and individually. The following design policies are based on the
premise that truly creative design is responsive to its context and the expressed
references of citizens, and contributes to a comfortable, interesting community.
Policy AN-4.1 Multiple -Family Housing Characteristics
Policy AN-4.2 Multiple -Family Building Variation
Four different types of multi -family buildings are to be proposed on the Timbers site. The
architecture will provide variety while maintaining an overall architectural theme.
Thanks for your time and consideration
annexation process.
Sincerely,
Rachel Linder
VF Ripley Associates, Inc.
I look forward to working with you during the
These developments are located within the Intergovernmental Agreement Area for the Fossil
Creek Reservoir Area Plan. They have met specific standards that apply to this location. The
Timbers has had a joint review process through Larimer County and the City of Fort Collins and
does comply with both landuse-planning codes.
PRINCIPLE T-1: The physical organization of the city will be supported by a framework
of transportation alternatives that maximizes access and mobility throughout the city,
while reducing dependence upon the private automobile
Policy T-1.1 Land Use Patterns
Policy T-1.2 Multi -Modal Streets
Policy T-1.3 Street Design Criteria
These sites are located along the Timberline Road major arterial. Proposed development is to
connect with existing street bicycle lanes as well as provide pedestrian and bike paths through
landscaped areas in order to provide connectivity to adjacent neighborhoods.
PRINCIPLE T-5: The City will acknowledge pedestrian travel as a viable transportation
mode and elevate it in importance to be in balance with all other modes. Direct
pedestrian connections will be provided and encouraged from place of residence to
transit, schools, activity centers, work and public facilities.
Policy T-5.1 Land Use
Policy T-5.2 Connections
The multi -family and public school project will provide a mix of land uses that create pedestrian
mobility throughout the community. The pedestrian connections will be clearly marked, signed
and striped.
PRINCIPLE CAD-1: Each addition to the street system will be designed with
consideration to the visual character and the experience of the citizens who will use that
street system and the adjacent property. Together, the layout of the street network and
the streets themselves will contribute to the character, form and scale of the city.
Policy CAD-1.1 Street Design Standards
Policy CAD-1.3 Streetscape Design
Policy CAD-1.4 Street Tree Design
All of the public streets around the proposed developments shall meet the street design criteria
from the Larimer County Urban Area Street Standards. All of these streets will be lined with
canopy shade trees to provide for a functional, safe and visually appealing layout. The majority
of the tree plantings will be canopy trees with a diversity of species represented.
PRINCIPLE CAD-4: Security and crime prevention will continue to be important factors
in urban design.
Policy CAD-4.2 Lighting and Landscaping
K Pry �)j.I
.F.,f:
March 11, 2002
VF RIPLEY
Current Planning Department
ASSOCIATES INC.
City of Fort Collins
LandscapeArdiilccmrc
281 North College Avenue
Urban Design
P.O. Box 580
Planning
Fort Collins, CO 80521-0580
401 Wem Moumain Avenuc
suite 201
RE: Statement of Principles and Policies for the Poudre R-1
Pon Collins. CO 80521-2604
HIONE: rnn, 22.1-5928
Elementary and the Timbers Annexation
PAX I1rnn 221 lo(Q
Dear Ted Shepard,
The proposed Poudre R-1 Elementary and Timbers development are requesting annexation into
the City of Fort Collins. These sites are located along Timberline Road north of the intersection
with Trilby Road. The Timbers site is located directly south of the Poudre R-1 Elementary
school. The Timbers project consists of 176 multi -family dwelling units and one clubhouse.
These developments exemplify many of the Principles and Policies of the City of Fort Collins
City Plan including:
PRINCIPLE LU-2: The city will maintain and enhance its character and sense of places as
defined by its neighborhoods, districts, corridors, and edges.
Policy LU-2.1 City -Wide Structure
Policy LU-2.2 Urban Design
Poudre R-1 Elementary and the Timbers will create a neighborhood with distinct edges that fit
within the city structure plan. The designs of these sites meet the guidelines for new
construction to form a citywide structure with diverse identities.
PRINCIPLE LU-4: More specific subarea planning efforts will follow the adoption of these
City Plan Principles and Policies, which tailor City Plan's citywide perspective to
individual neighborhoods, districts, corridors, and edges.
Policy LU-4.1 Planning within the Context of City Plan.
Policy LU-4.2 Generic Scope.
Policy LU-4.3 Collaboration.
Policy LU-4.5 Priority Subareas.
No Text
No Text
Poudre School District and The Timbers P.U.D. Annexation and Zoning, #5-02A
May 2, 2002 P & Z Meeting
Page 4
5. Findings of Fact/Conclusion:
In evaluating the request for the Poudre School District & Timbers P.U.D.
Annexation and Zoning, Staff makes the following findings of fact:
A. The annexation of this parcel is consistent with the policies and
agreements between Larimer County and the City of Fort Collins, as
contained in the amended INTERGOVERNMENTAL AGREEMENT —
GROWTH MANAGEMENT AREA.
B. The parcel meets all criteria included in State law to qualify for annexation
by the City of Fort Collins.
C. The requested zone district, L-M-N, Low Density Mixed -Use
Neighborhood, is in conformance with the City's Comprehensive Plan
(City Plan) and the City Structure Plan.
D. On April 16, 2002, City Council approved a Resolution, which accepts the
annexation petition and determines that the petition is in compliance with
State law.
E. The property is located within the Fossil Creek Reservoir Area Plan and
complies with the Land Use Framework element of this sub -area plan.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board recommend to City
Council approval of Poudre School District & Timbers P.U.D. Annexation with L-
M-N, Low Density Mixed -Use Neighborhood zoning, #5-02.
Poudre School District and The Timbers P.U.D. Annexation and Zoning, #5-02A
May 2, 2002 P & Z Meeting
Page 3
neighborhoods that include a variety of housing choices, that invite walking to
gathering places, services and conveniences, and that are fully integrated into
the larger community by the pattern of streets, blocks, and other linkages. A
neighborhood center provides a focal point, and attractive walking and bike paths
invite residents to enjoy the center as well as the small neighborhood parks. Any
new development in this district shall be arranged to form part of an individual
neighborhood.
Typically, Low Density Neighborhoods will be clustered around and integral with
a Medium Density Mixed -Use Neighborhood with a Neighborhood Commercial
Center at its core. For the purposes of this Division, a neighborhood shall be
considered to consist of approximately eighty (80) to one hundred sixty (160)
acres, with its edges typically consisting of major streets, drainageways, irrigation
ditches, railroad tracks and other major physical features.
The requested zoning of L-M-N complies with City Plan and Structure Plan and
matches the existing zoning to the south.
3. Fossil Creek Reservoir Area Plan:
As mentioned, the parcel is located within the area identified as the Fossil Creek
Reservoir Area. In March of 1998, Council adopted the Fossil Creek Reservoir
Area Plan. The plan area boundary is roughly one-half mile north of Kechter
Road, one-half mile west of Timberline Road, one-half mile south of Carpenter
Road and 1-25. The area includes Fossil Creek Reservoir.
The Fossil Creek Reservoir Area Plan was also adopted by Larimer County. The
plan includes an agreement that the City will not annex land until such
development applications have obtained final plat approval by the Board of
County Commissioners and that the potential transaction of Transferred
Development Units has occurred. This is the case with the subject parcel.
4. Compliance with State Law:
As mentioned, the annexation has 41 % of its perimeter boundary contiguous with
existing City limits which exceeds the required one -sixth as mandated by State
law. Further, the parcel is found to have a community of interest with the City
and the parcel is expected to urbanize shortly.
Poudre School District and The Timbers P.U.D. Annexation and Zoning, #5-02A
May 2, 2002 P & Z Meeting
Page 2
COMMENTS:
1. Background:
According to the policies and agreements between the City of Fort Collins and
Larimer County, contained in the amended (November 21, 2000)
INTERGOVERNMENTAL AGREEMENTS — GROWTH MANAGEMENT AREA,
the City will agree to consider for annexation property in the U.G.M.A. when such
property is eligible for annexation according to State law.
The surrounding zoning and land uses are as follows:
N: FA-1 (County), Existing Rural Residential
S: L-M-N, Single Family (Westchase 2nd P.U.D.)
E: FA-1 (County), Vacant
W: FA-1 (County), Vacant
The parcel gains the necessary one -sixth contiguity along the south property line.
Of the total perimeter boundary, the parcel has 41 % contiguity with the City
limits. This substantially exceeds the required minimum of 16.66% (one -sixth).
The parcel, therefore, complies with the requirements of the
INTERGOVERNMENTAL AGREEMENT — GROWTH MANAGEMENT AREA
and is eligible for annexation.
One of the stated intents of the AGREEMENT is to have urban development
occur within the City in order that the provision of urban level services by the
County would be minimized. This is a 100% voluntary annexation. The parcel is
not an enclave. On April 16, 2002, City Council approved a Resolution which
accepts the annexation petition and that the petition is in compliance with State
statutes.
2. Zoning:
The proposed zoning for the Poudre School District & Timbers P.U.D.
Annexation is L-M-N, Low Density Mixed -Use Neighborhood. The L-M-N district
is intended to be a
setting for a predominance of low -density housing combined with complementary
and supporting land uses that serve a neighborhood and are developed and
operated in harmony with the residential characteristics of a neighborhood. The
main purpose of the District is to meet a wide range of needs of everyday living in
ITEM NO. 3
MEETING DATE 5/2/02
6iA STAFF Ted Shepard
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Poudre School District & Timbers P.U.D. Annexation and
Zoning #5-02A
APPLICANTS: Poudre School District
C/o James M. Sarchet, Assistant Superintendent
2407 LaPorte Avenue
Fort Collins, CO 80521
Mr. Byron Collins, Manager
Paragon Point Partners, LLLP
1 Old Town Square, Suite 301
Fort Collins, CO 80524
OWNERS: Same
PROJECT DESCRIPTION:
This is a request to annex and zone a 35.53 acre parcel owned by two entities.
The site is located on the east side of South Timberline Road, approximately
one-third mile south of Kechter Road and approximately one-half mile north of
Trilby Road. Contiguity with the existing municipal boundary is gained along the
south property line with a parcel known as the Westchase Annexation No. 2.
The recommended zoning is L-M-N, Low Density Mixed -Use Neighborhood.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
This is a 100% voluntary annexation for a property located within the Urban
Growth Area. The property satisfies the requirement that no less than one -sixth
of the perimeter boundary be contiguous to the existing City boundary. The
parcel is located within the Fossil Creek Reservoir Area Plan. The
recommended zoning of L-M-N, Low Density Mixed -Use Neighborhood, is in
compliance with the City's Comprehensive Plan and Structure Plan Map. The
initiating resolution was passed by City Council on April 16, 2002. The item is
scheduled for first reading by City Council on May 21, 2002.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT